Are Nursing Homes Liable for Resident Elopement? Know Your Rights

Picture this: your elderly father, living with dementia, wanders away from his nursing home. Hours later, he’s found, disoriented and shivering in the cold.

Elopement, where a resident leaves a care facility unsupervised, is a grave concern that can result in physical harm, emotional distress, or even tragedy. If this happens, what rights do you have, and are nursing homes legally accountable?

Understanding Elopement and Risk Factors

Elopement often involves residents with dementia, Alzheimer’s, cognitive deficits or confusion. Nursing homes in Nebraska must take reasonable steps to prevent such incidents under the Nebraska Nursing Home Act. Failing to do so may constitute negligence.

How Nursing Homes Can Prevent Elopement

Facilities are expected to implement safety measures, including:

• Alarmed doors and windows and similar safety alarm systems
• Adequate staffing to monitor residents
• Individualized care plans for those prone to wandering

These measures are crucial to ensuring a safe environment for all residents.

What to Do If a Loved One Elopes

If your loved one goes missing, take immediate action:

1. Contact the facility and ask about their response
2. Search nearby areas and notify local authorities like the local  Police Department or Nebraska State Patrol
3. Document all communications for potential legal action

Holding Nursing Homes Accountable

If harm occurs due to a facility’s failure to prevent elopement, families may have grounds for legal action. Compensation may cover medical expenses, pain, and emotional suffering. At The Nursing Home Abuse & Neglect Law Firm, we’ve helped families across Nebraska hold negligent facilities accountable for neglect and abuse, including elopement.

Concerned About a Loved One’s Safety?

If your loved one has experienced neglect or elopement, call The Nursing Home Abuse & Neglect Law Firm, powered by Reed Law Offices, PC, LLO, at (402) 933-0588 or click the button below to schedule a free consultation to learn how we can help protect your family’s rights.